Fines of up to £20,000 for businesses – and even criminal records – could be given for failing to control the invasive plant Japanese knotweed.

Under updated Home Office guidance, businesses could face fines of up to £20,000 whilst the general public can be fined up to £2,500 for not controlling this invasive plant.

The guidance paves the way for those who are failing to eradicate Japanese knotweed to be reported to the local council or the police.

Martin Thompson, of Armitage Sykes in Huddersfield

These new guidelines, under the anti-social behaviour powers, mark a departure from the way anti-social behaviour powers have been used up until now.

The Home Office briefing document on the reform of anti-social behaviour powers allows for the legislation to target plants which can cause illness, threaten biodiversity or even damage property.

According to the Home Office briefing document: “Japanese knotweed, for example, can grow through tarmac and can cause structural damage to property, whilst giant hogweed can cause harm to human health.”

The Home Office document states: “Breach of any requirement of a community protection notice, without reasonable excuse, would be a criminal offence.”

Failure to act could leave the homeowner facing a Level 4 fine, which is currently set at £2,500 for the general public or £20,000 fine for companies.

Under the legislation, an individual could complain to the council or the police about an invasive plant which threatens their home or land.